ORDER
M.S. Siddiqui, J.
1. By this petition under Section 482 Cr.P.C.,the petitioner seeks quash-ing of the order dated 4.12.1998 passed by the Additional Sessions Judge in criminal case No. VIII/2/D2U/88 rejecting the petitioner's application for disposal of the contraband ganja.
2. Briefly stated, facts giving rise to this petition are that the accused persons were charge-sheeted for trial under Section 20 of the NDPS Act. During pendency of the case, the accused persons absconded. On 23.10.1998, the petitioner filed an application seeking directions of the trial court for disposal of the seized ganja (weighing 421.300 kgs.) in accordance with the provisions of Section 52-A of the NDPS Act. By the impugned order dated 4.12.1998, the learned Additional Sessions Judge consigned the case to the record room under Section 299 Cr.P.C. and rejected the aforesaid application on the ground that if the seized contraband ganja is allowed to be destroyed then prosecution will not be able to prove its case. Aggrieved by this order, the petitioner has approached this Court under Section 482 Cr.P.C.
3. Learned counsel for the state has fairly conceded that the impugned order is not in consonance with the provisions of Section 52-A of the NDPS Act. Section 52-A of the NDPS Act prescribes the procedure for disposal of the seized Narcotic Drugs & Psychotropic Substances. Sub-Section(1) to Section 52-A of the Act provides that the Central Government may, having regard to the hazardous nature of nay Narcotic Drugs of Psychotropic Sub-stances, their vulnerability to theft substitution, constraints of proper storage space or any other relevant considerations, by notification , specify such Narcotic Drugs or Psychotropic Substances, to be disposed of by the authorized officer in accordance with the procedure indicated therein. Sub-Section(2) to Section 52-A mandates that where any Narcotic Drugs or Psychotropic Substances has been seized and forwarded to the officer in charge of the nearest police station or to the officer empowered under Section 53, such officer shall prepare an inventory of such Narcotic Drugs or Psychotropic Substances containing details relating to their description, quality, quantity, mode of packing, marks, numbers of such other identifying particulars of the Narcotic Drugs or Psychotropic Substances or the packings in which they are packed, country of origin and other particulars as the officer referred to sub-section(1) may consider relevant to the identity of such Narcotic drugs or Psychotropic Substances and make an application to the Magistrate for the purpose of certifying the correctness of the inventory and other documents prepared thereunder. Sub-Section (4) to Section 52-A contains a special rule of evidence for treating the inventory, the photographs of Narcotic Drugs or Psychotropic Substances and the list of samples drawn under Sub-Section (2) and certified by the Magistrate, as primary evidence in respect of such offense.In view of the said provisions of Section 52-A, impugned order of the learned Magistrate for receiving the petitioner's application for disposal of the seized ganja cannot be sustained in law.
4. The learned Additional Sessions Judge has committed a patent illegality in rejecting the petitioner's application for disposal of the contraband ganja.
5. For the foregoing reasons, the petition is allowed and the petitioner is permitted to dispose of the contraband ganja in accordance with the provisions of Section 52-A of the NDPS Act. The impugned order dated 4.12.1998 is modified to the extent indicated above.
6. Copy of the order be given dusty to the learned counsel for the petitioner.